VOTING RIGHTS

Overview

Voting is perhaps the most fundamental of all rights. It is the foundation of our democracy.

People with mental health disabilities are often denied the opportunity to vote on the grounds that they are not “competent” to cast a ballot. Some states have laws forbidding people under guardianship from voting, regardless of whether they are competent to do so. Sometimes poll workers, election officials, and even service providers prevent people from voting by imposing their own “competence” standards that have no basis in law.

Under federal law, a person cannot be barred from voting because of “incompetence” except in very limited circumstances. As a rule, if a person is competent enough to go to the polls and vote, or to complete an absentee ballot, federal law requires that the person be allowed to vote.

Voting may also be difficult for other access issues. For example, someone with PTSD may have difficulty with enclosed voting booths. Other disabilities may make it difficult for someone to exercise their right to vote without accommodations. There are procedures established in each State to ensure everyone can exercise their right to vote. Allies may also assist in creating accessible voter spaces by volunteering at the polls to welcome and assist others.

GOVERNMENT RESOURCES

U.S. Justice Department Guidance on Federal Law Regarding Voter Registration (Link) (09/09/2024)

  • On September 9, 2024, the U.S. Department of Justice issued new guidance addressing limits on when and how jurisdictions may remove voters from their voter lists. This guidance was released with a fact sheet (link), which provides information on federal laws that protect the right to vote, including the Americans with Disabilities Act (ADA). It emphasizes that the ADA requires state and local governments to ensure people with disabilities have full and equal opportunity to vote.

U.S. Justice Department Guidance and Resources on the Rights of Voters with Disabilities (Link) (04/18/2024)

  • The U.S. Justice Department recently updated www.justice.gov/voting, including resources to ensure that voters with disabilities have an equal opportunity to vote.
  • As part of this update, the Justice Department published new guidance and resources on the rights of voters with disabilities, including the requirements for accessible voting systems, polling places, and assistance to voters with disabilities. The guidance explains that the ADA prohibits categorically disqualifying or otherwise imposing additional requirements on people with mental disabilities who want to register to vote or vote, on the basis of their disability or guardianship status. The guidance also explains that public entities are required to modify their policies to allow voters with disabilities who require assistance to receive assistance from the person of their choosing at any stage of the voting process.

Vote.Gov: Voting with a Disability, General Information on Accommodations for Voting (Link)

  • The U.S. Government has provided a guide to voting for people with disabilities with information including: registering to vote, accommodations for voting in person, accommodations for voting by mail or absentee, federal laws that protect the rights of people with disabilities to vote, and additional tips and resources for voters with disabilities.

PARTNER RESOURCES

National Coalition on Accessible Voting (NCAV) Voter Access Guide for Election Officials (Link) (2024)

  • The National Coalition on Accessible Voting has created a comprehensive Voting Access Guide for Election Officials, to assist election administrators to ensure voting is accessible. It includes checklists and recommendations for each stage of the voting process, from registering to vote to casting a ballot. The guide also provides links to resources.

American Association of People with Disabilities (AAPD) State Voting Guides for people with disabilities (Link) (2024)

  • The AAPD has provided a state-by-state guide for people with disabilities seeking to vote in the 2024 election. The website provides links to each individual state. In addition it provides some definitions surrounding elections. Although this specific guide is for primary voting, it also provides information for the general election.

Mental Health America (MHA) Election Mental Health Resources (Link) (2024)

  • Mental Health America’s 2024 voter guide includes information and tools for: voter registration, voting rights, making an elections action plan, questions to ask candidates, writing a letter to the editor, understanding major party platforms, sharing on social media, caring for your mental health, and more.

GENERAL VOTING RESOURCES

Vote.gov

  • A one-stop resource with answers to common questions about registering to vote, voting, what’s on the ballot, election results, and more.

Patient Voting – A Program of Vot-ER

  • A quick guide and resource for Emergency Absentee Ballots. This is available for people who are unexpectedly hospitalized and were unable to make arrangements to vote by regular absentee ballot. The guide provides general information and links to specific state rules on emergency absentee ballots.

BAZELON RESOURCES*

*Please note that there may have been changes in your state since these resources were published.

Blog Post: Know Your Rights: Your Vote Counts (Link) (09/20/2022)

  • This blog post provides an overview of the voting rights of people with disabilities and highlights several resources from other organizations that provide state-specific information on exercising the right to vote.

Toolkit: Restoring the Voting Rights of People Under Guardianship (PDF) (02/08/2022)

  • This publication includes model motions, affidavits, and orders that people under guardianship—or their family members or advocates—can use to restore voting rights improperly taken away on the basis of being under guardianship.

Voter Guide (Plain Language): It’s Your Right. A Know-Your-Rights Guide for Voters with Mental Disabilities and Advocates (PDF) (Updated 10/16/2020)

  • A consumer-friendly version of our voting rights guide intended for people with mental disabilities and their non-lawyer advocates. With the Autistic Self-Advocacy Network, National Disability Rights Network, Schulte, Roth & Zabel, and Akin Gump Strauss Hauer & Feld LLP.

Voter Guide: It’s Your Right. A Guide to the Voting Rights of People with Mental Disabilities (PDF) (Updated 10/16/2020)

  • A comprehensive voting rights guide for people with mental disabilities that lists key legal principles, provides information about state laws and practices that limit the voting rights of people with mental disabilities, and offers tools to help people with disabilities preserve or restore their voting rights. With the Autistic Self-Advocacy Network, National Disability Rights Network, Schulte, Roth & Zabel, and Akin Gump Strauss Hauer & Feld LLP.

Chart of Voter Competence Laws (PDF) (10/16/2020)

Chart of State Laws on Voter Challenges (PDF) (10/16/2020)

Summary and Links to Guardianship and Conservatorship Forms Provided by State Courts (PDF) (10/16/2020)

Absentee Ballot Requirements by State (PDF) (10/16/2020)

Testimony to the Presidential Commission on Election Administration (09/04/2013)